Legal Opinion

Terrell & Vincent v. Hurst, Miller & Co.

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 11 opinions

Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Hurst, Miller & Co., suing as partners, against William S. Terrell and Wilbourne Yincent, as late partners doing business under the name of Terrell & Yin-cent; and was founded on three promissory notes, each of which was executed in the name of Terrell & Yincent, payable to the order of Hurst, Miller & Co., “at office of Isbell & Co., Talladega,” and each'contained a…

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Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Hurst, Miller & Co., suing as partners, against William S. Terrell and Wilbourne Yincent, as late partners doing business under the name of Terrell & Yin-cent; and was founded on three promissory notes, each of which was executed in the name of Terrell & Yincent, payable to the order of Hurst, Miller & Co., “at office of Isbell & Co., Talladega,” and each'contained a stipulation in these words: “The maker and indorser each hereby waives all benefit of the homestead exemption laws on both…

1Opinion of the CourtSomerville, J.

— The right of exemption to personal property, in this State, may be waived, by clearly expressing such intention of waiver in any instrument of writing, including a bill of exchange, promissory note, or other contract. But, when such waiver relates to a homestead, or exemption in realty, it is required to be made by a separate instrument in writing, and must be signed by both husband ánd wife, and attested by at least one witness. — Const. 1875, Art. X, § 7; Code, 1876, §§ 2846-2848.

The words, which are claimed in the present case to operate as a waiver of exemption to personal property, are…

2Cases cited3 opinions

  1. Jones v. RandleSupreme Court of Alabama · 1880
  2. Giovanni v. First National Bank of MontgomerySupreme Court of Alabama · 1876
  3. Hall v. Green & Co.Supreme Court of Alabama · 1881

3Cited by11 opinions

  1. Reed Lumber Co. v. LewisSupreme Court of Alabama · 1891
  2. Broadway v. Household Fin. Corp. of HuntsvilleCourt of Civil Appeals of Alabama · 1977
  3. Guscott v. Roden & Co.Supreme Court of Alabama · 1896
  4. Lippman v. First National BankSupreme Court of Alabama · 1897
  5. Aiken v. SteinerSupreme Court of Alabama · 1893

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